Summit Avenue Building Co. v. Sanders
Supreme Court of North Carolina
Appeal by plaintiff from Long, J., at February Term, 1922, of Guileord. Civil action to recover damages for'an alleged breach of contract, the material parts of which are as follows: GkeeNsbobo, N. 0., 25 October, 1919. Memorandum of agreement between J. P. Sanders and ~W. E. Hockett, called the lessees, and Summit Avenue Building Company, called the lessors: The lessees agree to form a hotel company, to be known as the North Carolina Hotel Exchange Company, within ten (10)…
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Appeal by plaintiff from Long, J., at February Term, 1922, of Guileord. Civil action to recover damages for'an alleged breach of contract, the material parts of which are as follows: GkeeNsbobo, N. 0., 25 October, 1919. Memorandum of agreement between J. P. Sanders and ~W. E. Hockett, called the lessees, and Summit Avenue Building Company, called the lessors: The lessees agree to form a hotel company, to be known as the North Carolina Hotel Exchange Company, within ten (10) days from this date. Tbe lessors agree to lease to said hotel company all that lot and parcel ■of land in Greensboro, N.…
1Opinion of the CourtStacy, J.
Tbe execution of tbe contract bere sued on is admitted by tbe defendants; but tbey alleged tbat it was further understood and agreed between tbe parties, at tbe time of tbe making of said memorandum of agreement, tbat if tbe hotel corporation were not organized within tbe stipulated period of ten days, “tbe whole business would be off, and tbat there should be nothing to it, and tbat it would not be binding on any one.” There is no allegation of fraud or mistake.
It will be observed tbat this alleged oral contemporaneous agreement is at variance with and contradicts tbe terms of tbe written…
2Cases cited1 opinion
- S. F. Bowser & Co. v. TarrySupreme Court of North Carolina · 1911
3Cited by3 opinions
- Fontana v. UppCalifornia Court of Appeal · 1954
- Summit Avenue Building Co. v. SandersSupreme Court of North Carolina · 1923
- Lerner Shops of North Carolina, Inc. v. RosenthalSupreme Court of North Carolina · 1945